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Right to Information Act 2005 (RTI Act): Real-life experience. Use it or lose it.

What is the Right to Information Act?

Act to provide for setting out the practical regime of right to information for citizens to secure access to information under the control of public authorities, in order to promote transparency and accountability in the working of every public authority, the constitution of a Central Information Commission and State Information Commissions and for matters connected therewith or incidental thereto.



Recently, One of my friend, Mr. Nilesh (Name changed) has applied under RTI Act to the respective police station to get charge sheet data for 2006 criminal case. The public information authority of the respective police station didn't reply to RTI. He applied for first appeal for the same RTI act under section 19(1). He received a reply after almost 450 days. It is a negative reply that "Statement of Mr. Prakash(Name Changed) hasn't taken into Chargesheet". The heights of reply are the certified copy of the same statement of Mr.Prakash has been already given by the same police station a couple of years back and now they are denying that such statement hasn't been taken.


He is unsatisfied with a false reply given by the police station. He filed the second appeal to State Information Commission(SIC) with all material facts. Last week I appeared on the court hearing on his behalf before SIC.


I have seen the very first Judge who has read all the facts of the case before hearing take place. I didn't even need to explain facts about RTI application, The judge himself asked Public information authority, "why didn't you replied in 30 days as per RTI act?", "Why didn't you false reply when the applicant has already given you a statement copy provided by your police station?".


The public information office has replied to judge that due to the transfer of police station records the file paper has been misplaced. The judge told him that it is not an acceptable answer at all. It is your duty to keep all public records safe.


The judge issued an interim order to the public information officer " please do find the record and provide a copy of the charge sheet to the applicant free of cost. If you can't find, prepare a team and search everywhere. Even though If you can't find the record ask your senior authority to appear before the court with affidavit signed with all facts where and how you tried to search for the record. Apart from this please give me the reason why should, not the court fined you Rs.25000 as per RTI act for the delay in reply and giving false reply to the applicant"


I respect the honorable judge from bottom of my heart! If all the court of India become strict like that I guess there wouldn't be many pending cases before courts.


Below are the statistics of pending cases as per today's date.


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